教义学发展、功能与内涵之刑法学揭示

Development, Functions and Connotations of Criminal Dogmatics

法律教义学是民主宪政国家法学的一个重要部分。^([1])在我国,关于刑法教义学的研究方兴未艾。刑法教义学有自己独特的发展轨迹,它经历了从专横到理性的演进和由推崇到质疑的变迁,应在发展刑法教义学的基础上,推进我国的刑事法治建设。从功能上看,刑法教义学明确了刑法的适用范围和适用细节,增强了刑法的可操作性;集中法律工作者的智慧和共识,为刑法修订提供依据;回应质疑和弥补漏洞,有利于现行刑事法律制度的维护。此外,刑法教义学通过对教义的系统化,方便对刑法内容的查找、学习与研究。刑法教义学与方法论、刑法解释学、刑法学、刑事政策学以及刑法哲学是密不可分的,有必要厘清刑法教义学与相关诸学科的界限。虽然教义学在发展中面临一定的质疑,但其存在根据不容否认。针对目前的研究状况,需要在多维认识基础上,形成对刑法教义学的总体把握。

Legal dogmatics is a necessary phe state. In China, criminal dogmatics has gone through a arbitrary to being rational and from being held in estee should promote the construction of the rule of criminal criminal dogmatics. As far as its functions are concerne erability of the criminal law by clarifying the scope and nomenon in a democratic co unique path of development nstitu from tional being m to being called into question. China law on the basis of further developing d, criminal dogmatics enhances the op- details of the application of the criminal law, providing support to the revision of the criminal law by pooling the wisdom and common understandings of legal workers, and upholds the existing criminal law system by responding to questioning and making up for loopholes. Moreover, through the systematization of relevant doc- trines, it also facilitates the search and study of and research on the content of the criminal law. Criminal dogmatics is inseparable from criminal law hermeneutics, criminal law science, crimi- nal policy, and philosophy of criminal law, and therefore it is necessary to draw clear boundaries between criminal dogmatics and other relevant disciplines of criminal law. Although crimi- nal dogmatics is faced with certain skepticism in the course of its development in China, the ba- sis for its existence is undeniable. We should try to get a general grasp of this discipline of crim- inal law science in light of the current research status and on the basis of a multi-dimensional understanding.